6-8-401.Firearm, weapon and ammunition regulation and prohibition by
state.

(a)The Wyoming legislature finds that the right to keep and
bear arms is a fundamental right. The Wyoming legislature affirms this right as
a constitutionally protected right in every part of Wyoming.

(b)Repealed By Laws 2010, Ch. 108, 3.

(c)The sale, transfer, purchase, delivery, taxation,
manufacture, ownership, transportation, storage, use and possession of
firearms, weapons and ammunition shall be authorized, regulated and prohibited
by the state, and regulation thereof is preempted by the state. Except as
authorized by W.S. 15-1-103(a)(xviii), no city, town, county, political
subdivision or any other entity shall authorize, regulate or prohibit the sale,
transfer, purchase, delivery, taxation, manufacture, ownership, transportation,
storage, use, carrying or possession of firearms, weapons, accessories,
components or ammunition except as specifically provided by this chapter. This
section shall not affect zoning or other ordinances which encompass firearms
businesses along with other businesses. Zoning and other ordinances which are
designed for the purpose of restricting or prohibiting the sale, purchase,
transfer or manufacture of firearms or ammunition as a method of regulating
firearms or ammunition are in conflict with this section and are prohibited.

6-8-402.Short title; applicability.

(a)This act shall be known and may be cited as the
"Wyoming Firearms Freedom Act".

(b)This act shall apply to firearms, firearm accessories and
ammunition that are manufactured in Wyoming.

6-8-403.Definitions.

(a)As used in this act:

(i)"Ammunition" means any projectile expelled by
action of an explosive from a firearm but shall not include any projectile
designed to pierce armor;

(ii)"Borders of Wyoming" means the boundaries of
Wyoming as described in Section 2 of the Act of Admission of the state of
Wyoming, 26 United States Statutes at Large, 222, chapter 664;

(iii)"Firearm" means any weapon which will or is
designed to expel a projectile by the action of an explosive.
"Firearm" shall not include any fully automatic weapon or any weapon
designed to fire a rocket propelled grenade or any explosive projectile;

(iv)"Firearms accessories" means items that are used
in conjunction with or mounted upon a firearm but are not essential to the
basic function of a firearm, including, but not limited to, telescopic or laser
sights, magazines, folding or aftermarket stocks and grips, speedloaders,
ammunition carriers, optics for target identification and lights for target
illumination;

(v)"Generic and insignificant parts" includes, but
is not limited to, springs, screws, nuts and pins;

(vi)"Manufactured" means that a firearm, a firearm
accessory or ammunition has been created from basic materials for functional usefulness,
including, but not limited to forging, casting, machining, molding or other
processes for working materials;

(vii)"This act" means W.S. 6-8-401 through 6-8-406.

6-8-404.Regulation by state of firearms, firearms accessories and
ammunition manufactured in Wyoming; exceptions.

(a)A personal firearm, a firearm accessory or ammunition that
is manufactured commercially or privately in Wyoming and that remains
exclusively within the borders of Wyoming is not subject to federal law,
federal taxation or federal regulation, including registration, under the
authority of the United States congress to regulate interstate commerce. It is
declared by the Wyoming legislature that those items have not traveled in
interstate commerce. This section applies to a firearm, a firearm accessory or
ammunition that is manufactured in Wyoming from basic materials and that can be
manufactured without the inclusion of any significant parts imported from
another state or foreign country. Generic and insignificant parts that have
other manufacturing or consumer product applications are not firearms, firearms
accessories or ammunition, and their importation into Wyoming and incorporation
into a firearm, firearm accessory or ammunition manufactured in Wyoming does not
subject the firearm, firearm accessory or ammunition to federal regulation. It
is declared by the Wyoming legislature that basic industrial materials, such
as, but not limited to, polymers, unmachined metal, ferrous or nonferrous, bar
stock, ingots or forgings and unshaped wood, are not firearms, firearms
accessories or ammunition and are not subject to congressional authority to
regulate firearms, firearms accessories and ammunition under interstate
commerce as if they were actually firearms, firearms accessories or
ammunition. The authority of the United States congress to regulate interstate
commerce in basic materials does not include authority to regulate firearms,
firearm accessories and ammunition made within Wyoming borders from those
materials. Firearms accessories that are imported into Wyoming from another
state and that are subject to federal regulation as being in interstate
commerce do not subject a firearm to federal regulation under interstate
commerce because the firearm accessory is attached to or used in conjunction
with a firearm in Wyoming.

(b)A firearm manufactured or sold in Wyoming under this act
shall have the words, "made in Wyoming" clearly stamped, inscribed or
otherwise marked on a central part of the firearm, such as the receiver or
frame.

(c)To possess a firearm covered by this section a person
shall:

(i)Not have been convicted of any felony in any state,
territory or other jurisdiction of the United States;

(ii)Not currently be adjudicated to be legally incompetent; and

(iii)Not have been committed to a mental institution.

(d)To purchase a firearm covered by this section a person
shall:

(i)Be at least:

(A)Twenty-one (21) years of age if the firearm is a handgun;

(B)Eighteen (18) years of age if the firearm is a shotgun or
rifle.

(ii)Not have been convicted of any felony in any state,
territory or other jurisdiction of the United States;

(iii)Not currently be adjudicated to be legally incompetent; and

(iv)Not have been committed to a mental institution.

6-8-405.Offenses and penalties; defense of Wyoming citizens.

(a)No public servant as defined in W.S. 6-5-101, or dealer
selling any firearm in this state shall enforce or attempt to enforce any act,
law, statute, rule or regulation of the United States government relating to a
personal firearm, firearm accessory or ammunition that is manufactured
commercially or privately in Wyoming and that remains exclusively within the
borders of Wyoming.

(b)Any official, agent or employee of the United States
government who enforces or attempts to enforce any act, order, law, statute,
rule or regulation of the United States government upon a personal firearm, a
firearm accessory or ammunition that is manufactured commercially or privately
in Wyoming and that remains exclusively within the borders of Wyoming shall be
guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment
for not more than one (1) year, a fine of not more than two thousand dollars
($2,000.00), or both.

(c)The attorney general may defend a citizen of Wyoming who is
prosecuted by the United States government for violation of a federal law
relating to the manufacture, sale, transfer or possession of a firearm, a
firearm accessory or ammunition manufactured and retained exclusively within
the borders of Wyoming.

6-8-406.Legislative findings and declaration of authority.

(a)The legislature declares that the authority for W.S.
6-8-402 through 6-8-406 is the following:

(i)The tenth amendment to the United States constitution
guarantees to the states and their people all powers not granted to the federal
government elsewhere in the constitution and reserves to the state and the
people of Wyoming certain powers as they were understood at the time that
Wyoming was admitted to statehood in 1890. The guaranty of those powers is a
matter of contract between the state and people of Wyoming and the several
states comprising the United States as of the time the Act of Admission was
agreed upon and adopted by Wyoming and the several states comprising the United
States in 1889;

(ii)The ninth amendment to the United States constitution
guarantees to the people rights not granted in the constitution and reserves to
the people of Wyoming certain rights, as they were understood at the time
Wyoming was admitted to statehood in 1890. The guaranty of those rights is a
matter of contract between the state and people of Wyoming and the several
states comprising the United States as of the time the Act of Admission was
agreed upon and adopted by Wyoming and the United States in 1889;

(iii)The regulation of intrastate commerce is vested in the
states under the ninth and tenth amendments to the United States constitution,
particularly if not expressly preempted by federal law pursuant to article 1,
section 8 of the United States constitution. The United States congress has
not expressly preempted state regulation of intrastate commerce pertaining to
the manufacture on an intrastate basis of firearms, firearms accessories and ammunition;

(iv)The second amendment to the United States constitution
reserves to the people the right to keep and bear arms as that right was
understood at the time the original states ratified the bill of rights to the
United States constitution, and the guaranty of the right is a matter of
contract between the state and people of Wyoming and the United States as of
the time the Act of Admission was agreed upon and adopted by Wyoming and the
United States in 1889;

(v)Article 1, section 24, of the Wyoming constitution secures
the right of citizens the right to keep and bear arms and this right shall not
be denied. This right predates the United States constitution and the Wyoming
constitution and is unchanged from the 1890 Wyoming constitution, which was
approved by congress and the people of Wyoming, and the right exists, as it was
agreed upon and adopted by Wyoming and the United States in the Act of
Admission;

(vi)Article 1, section 1, of the Wyoming constitution provides
that all power is inherent in the people, and all free governments are founded
on their authority, and instituted for their peace, safety and happiness; for
all the advancement of these ends they have at all times an inalienable and
indefeasible right to alter, reform or abolish the government in such manner as
they may think proper;

(vii)Article 1, section 7, of the Wyoming constitution provides
that absolute, arbitrary power over the lives, liberty and property of freemen
exists nowhere in a republic, not even in the largest majority;

(viii)Article 1, sections 1 and 7, of the Wyoming constitution
clearly provide that the people of the state have the sole and exclusive right
of governing themselves as a free, sovereign and independent state, and do so
and forever hereafter shall exercise and enjoy every power, jurisdiction and
right, pertaining thereto, which is not, or may not hereafter be, by them
expressly delegated to the United States of America;

(ix)The declaration of independence clearly provides that
government derives its power directly from the consent of the governed and
Wyoming affirms the language of the second paragraph of the declaration of
independence which states "We hold these truths to be self-evident, that
all men are created equal, that they are endowed by the Creator with certain
inalienable Rights, that among these are Life, Liberty and the pursuit of
Happiness. That to secure these rights, Governments are instituted among Men,
deriving their just powers from the consent of the governed...".